North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Lay Off and Establish a County by the Name of Cleveland.*

Chapter IX

Laws of the State of North Carolina Passed by the General Assembly 1840-1841 - Page 25.

Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That a County be, and is hereby laid off and established, by the name of Cleveland, to be composed of parts of the Counties of Rutherford and Lincoln, beginning at a point in the South Carolina line, and running a North course so as to pass within fourteen miles, East of Rutherfordton, until it strikes the Burke County line, thence with the dividing line of Burke and Rutherford, to the Lincoln line, thence to the thirteen mile-post on the Lucas Ford Road, thence to the twelve mile-post, on the new Post Road, leading from Rutherford to Lincolnton, thence to the twelve mile-post, leading from Lincolnton to Qwinn's Ferry, thence to the twelve mile-post, leading from Morganton to Yorkville, South Carolina, thence with the Road passing Abernathy's Store, by the Gold Mine, at Kings Mountain, to the South Carolina line, then with it to the beginning.

II. Be it further enacted, That the said County of Cleveland shall be invested with all the rights, privileges, and
immunities of the other Counties in this state.

III. Be it further enacted, That R.H. Burton, Alexander McKorkle, H. Cansler, Eli Hoyle, Ed. Bryant, Achillis Durham, John McDowell, Samuel Andrews, and David Gray, shall be, and they are hereby appointed Commissioners, whose duty it shall be, to designate some point in said County, not more than four miles from Thomas Wilson's Mineral Spring, which shall be the County Seat of said County.

Ratified 11th January, 1841.

WILLIAM A. GRAHAM, S.H.C.
ANDREW JOYNER, S.S.

North Carolina
Secretary of State's Office
April, 1841
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions, contained in this Pamphlet, are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State.

* During the same General Assembly the Legislature passed the following "supplemental Act" to the above:

An Act Supplemental to the Act Passed by the Present General Assembly, Entitled "An Act to Lay Off and Estblish a County by the Name of Cleveland."

Chapter X

Laws of the State of North Carolina Passed by the General Assembly 1840-1841 - Pages 26-31.

Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That all the Justices of the Peace and officers of the Militia who reside within the limits of the County of Cleveland, shall continue to hold and exercise all the official powers and authorities in and for said County, that they have hitherto held and exercised in and for the Counties of Rutherford and Lincoln.

II. Be it further enacted, That the Constables now residing in the County of Cleveland, shall continue to hold their offices, and perform all the duties appertaining thereto, until the first County Court, to be held for said County, under the same rules, regulations and penalties as Constables are subject to in other Counties in this State.

III. Be it further enacted, That the Counties of Rutherford, Lincoln and Cleveland, shall continue to be represented in the General Assembly, in the same manner as heretofore, and in the name of the Counties of Rutherford and Lincoln, until a future Legislature shall otherwise provide and direct; and all elections for Members of Congress and Members of both houses of the General Assembly, shall be held by the Sheriffs, or other returning officers of the Counties of Rutherford and Lincoln, in all the territory heretofore comprehended in the limits of their respective Counties, at the time and places, and under the same rules, regulations and restrictions, as have been appointed, or may hereafter be appointed by law, and the certificates of said Sheriifs, or other returning officers as to the result of said elections, shall be as valid and effectual, to all intents and puirposes, as if the Act laying off and establishing the County of Cleveland had never been passed.

IV. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established in and for the County of Cleveland, to be held by the Justices of said County; the first Session of said Court shall be held on the second Monday of March next, at the House of William Weathers, Esq. That the Court of Pleas and Quarter Sessions shall be held on the third Monday in January, the second Monday in August, and the sixth Monday after the fourth Monday in March, in each and every year thereafter, except that no Court shall be held after the first Session of said Court, until the second Monday in August next, when the Court aforesaid, a majority of the Justices of said County being present, shall elect a Clerk of the County Court, a Sheriff, a Coroner, a Register and Entry-taker, a Surveyor, Constables, and all other officers for said County, who shall enter into bond, as required by law, and shall hold and continue in said offices until their successors are duly chosen and qualified,
according to law in such cases made and provided; and the said Court, at its first Session aforesaid, may appoint the place of its future Sessions, until a Court House shall be erected for said County.

V. Be it further enacted, That the Court ef Pleas and Quarter Sessions, established by this Act, shall possess and
excrcise the same power, authority and junsdiction, as is possessed and exercised by other County Courts in this State; and shall have exclusive jurisdiction of all crimes committed within the limits of said County, of which the County Courts have jurisdiction, until a Superior Court of law is established for said County. And all suits at law now pending in the County Courts of Rutherford and Lincoln, wherein the citizens of Cleveland County are both plaintiffs and defendants, and all indictments in the County Courts of Rutherford and Lincoln, against citizens of Cleveland County, shall be transferred to the County Court of Cleveland, in the manner now provided for transferring suits from one County to another and all appeals from the County Court of Cleveland, shall be sent to the Superior Court of Rutherford, where the plaintiff resides in that portion of Cleveland taken from Rutherford, and to the Superior Court of Lincoln, when the plaintiff resides in that portion of the County now taken from Lincoln County.

VI. Be it further enacted, That all criminal offenses which may be committed in the County of Cleveland, which are cognizable only in the Superior Court of law, shall be and continue under the jurisdiction of the Superior Courts of law of the County of Rutherford, when the offender resides in that portion of Cleveland County which was taken off Rutherford, and to the Superior Court of Lincoln, when the offender resides in that portion of Cleveland County which was taken off Lincoln, until a Superior Court shall be created for the County ot Cleveland.

VII. Be it further enacted, That all persons who may be liable to inmprisonment, under any process, either civil or
criminal, in Cleveland County, belore the completion of the Jail therein, may be committed to the Jails of either Rutherford or Lincoln.

VIII. Be it further enacted, That all process issued from the Superior Courts of Rutherford or Lincoln, against the
citizens, shall be valid without the Seal of office being affixed thereto, until a Superior Court is created for the County of Cleveland; and all process so issued after the first County Court which shall be held for said County of Cleveland, shall be directed to the Sheriff of Cleveland County, and by him executed.

IX. Be it further enacted, That the Commissioners appointed by this Act, to which this is a supplement, or a majority of them, shall have power to locate the County Seat of said County, according to the provisions of said Act, and have power to purchase, or receive by donation, a tract of land consisting of not less than one hundred Acres, to be conveyed to the Chairman of the County Court and his successors in office, for the use of said County, upon which a Town shall be laid off and shall be called Shelby, where the Court House and Jail shall be erected, and where, after the completion of the Court House, the Courts of said County shall be held, and the Clerk and Register shall keep their offices; and that each of said Commissioners shall be allowed two dollars per day for their services while engaged in discharge of their duties.

X. Be it further enacted, That the County Court of Cleveland, at its first session, shall appoint five Commissioners to lay off the Lots of said Town, and after designating such as shall be retained for Public uses, shall expose to Sale at Public auction, the residue of said lots, at such time, and after giving such Notice, as said Court may direct, upon
a credit of one and two years, and shall take from the purchaser bonds with security, for the purchase money, payable to the Chairman of the County Court, and his successors in office, and upon the payment of the purchase money, the Chairman, or his successor in office, shall execute titles therefor; which shall be appropriated to building the Court House and Jail.

XI. Be it further enacted, That nothing in this Act contained, shall be so construed as to prohibit the Sheriff of
Rutherford or Lincoln Counties from collecting such sum or sums of money as are due, or may become due, on any Judgments before the first Court of Pleas and Quarter Sessions of the County of Cleveland.

XII. Be it further enacted, That nothing in this Act is to be so construed as to prevent the Sheriffs of Rutherford and Lincoln from collecting all arrears of Taxes, in the same manner as he could have done previous to the division of the Counties, Provided nevertheless, That the Sheriff of Rutherford and Lincoln shall not collect any taxes in the County of Cleveland, or of the citizens of said County, imposed by the County Courts of Rutherford and Lincoln, and which are to be collected in the year one thousand eight hundred and forty-one; but that the same may be collected by the Sheriff of Cleveland, upon the tax duplicates of the Clerks of the Counties of Rutherford and Lincoln, to the use of Cleveland County.

XIII. Be it further enacted, That the County Courts of Rutherford and Lincoln shall have power, until a Superior
Court is created for the County of Cleveland, to draw Jurors as heretofore, to serve at each term of the Superior Courts of Rutherford and Lincoln, and the Jurors so drawn, shall be summoned by the Sheriff of Cleveland, under the same penalties now imposed by law, and the Jurors as aforesaid shall be paid by the County of Cleveland.

XIV. Be it further enacted, That all paupers in Rutherford and Lincoln Counties, originally from Cleveland, after
the year one thousand eight hundred and forty-one, shall be transferred to the Wardens of Cleveland County.

XV. Be it further enacted, That there shall be opened, and held for the County of Cleveland, at the place where the
County Court for said County is held, a Superior Court for said County, which Court shall be held on the sixth Monday after the fourth Monday in September next, and on the sixth Monday after the fourth Monday in March and September, in each and every year thereafter; and it shall the duty of the Clerks of the Superior Courts of law for Rutherford and Lincoln Counties, to transfer to the Clerk of the Superior Court of Cleveland, all civil cases pending in Rutherford and Lincoln Superior Court, when both parties reside in said County of Cleveland; and all State cases pending in said Courts, where the defendants reside in the County of Cleveland, under the same provisions provided for the transferring of cases from the County Courts of Lincoln and Rutherford to the Clerk of the County Court of Cleveland.

XVI. Be it further enacted, That when elections are next held for Members of Congress in this State, the Sheriff of
Cleveland shall hold an election at the several precincts in said County for a Clerk of the Superior Court of said
County, to serve as such for four years, under the liabilities imposed by law on Clerks of the Superior Court.

XVII. Be it further enacted, That the County of Cleveland shall compose a part of the seventh judicial district, and that Judges and Solicitors shall attend said Courts, under the same provisions and liabilities, and receive the same pay, as is received for attending other Counties in said district.

XVIII. Be it further enacted, That this Act shall be in force from and after its ratification.

Ratified 11th January, 1841.

WILLIAM A. GRAHAM, S.H.C.
ANDREW JOYNER, S.S.

North Carolina
Secretary of State's Office
April, 1841
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions, contained in this Pamphlet, are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State.



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